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Netflix has been sued in California Northern District Federal Court over its fictional TV series The Mire. The court action, brought by the Medrala Law Firm on behalf of Piotr and Katarzyna Woloszynska, accuses the defendants of misusing the plaintiffs’ images and mischaracterizing their family in the show’s second season. The case is Woloszynska v. Woloszynska, 5:23-cv-00636. … Weitz & Luxenberg and Turke & Strauss filed a data-breach class action in New York Southern District Federal Court against global trade-publishing company Macmillan. The suit, which accuses the defendant of failing to implement adequate data security measures, arises from a June 2022 breach impacting the personal information of its current and former employees. The case is Batchelor v. Macmillan, 1:23-cv-01217. … Utopia Music Holdings was sued in Delaware Court of Chancery. The lawsuit, brought by Greenberg Glusker and McCollom D’Emilio Smith Uebler on behalf of SourceAudio Holdings, seeks to compel Utopia to acquire SourceAudio pursuant to its membership interest purchase agreement. According to the complaint, Utopia agreed to acquire SourceAudio for $26.5 million but has failed to close the transaction. The case is SourceAudio Holdings LLC v. Utopia Music Holdings (US), 2023-0172. … Amazon.com was hit with a lawsuit in Florida Southern District Federal Court over the alleged sale of items containing copyrighted images. The lawsuit, filed by SRipLaw on behalf of photographer Alan V. Satterwhite, pertains to two well-known photographs taken in the 1970s of celebrities Stevie Wonder and Arnold Schwarzenegger. The case is Satterwhite v. Amazon.com Inc., 9:23-cv-80235. … Paramount Global f/k/a ViacomCBS Inc. and Showtime Networks have been sued in New York Southern District Federal Court over alleged employment discrimination. The lawsuit was filed by Ballon Stoll on behalf of a Black-Hispanic former executive producer who claims that his pay was reduced and he was banned from his workplace after he complained to the human resources department about verbal abuse and threats he received from his white colleague. The case is Lopez v. Paramount Global, 1:23-cv-01126. … OnlyFans’ parent company Fenix International was hit with a patent infringement lawsuit in Texas Eastern District Federal Court in relation to its video-on-demand platform OnlyFansTV (OFTV). The suit alleges that OFTV, which allows content creators to provide VOD content exclusively to subscribers, infringes a family of patents owned by plaintiff Distributed Media Solutions. The suit was filed by King & Wood Mallesons and the Stafford Davis Firm. The case is Distributed Media Solutions LLC v. Fenix International Ltd., 2:23-cv-00048. … Gordon Rees Scully Mansukhani filed a breach-of-contract and trademark infringement lawsuit in Florida Southern District Federal Court on behalf of Charles Turner and Three Legged Machine Inc. d/b/a Blackberry Smoke, an Atlanta-based rock band. The suit pursues claims against music promoter Legends of Music Row for its alleged unilateral breach of a performance contract and accuses the promoter of continuing to use the “Blackberry Smoke” mark in connection with the Legends of Music Row Festival. The case is Three Legged Machine Inc. d/b/a Blackberry Smoke v. Legends of Music Row LLC, 1:23-cv-20480. … Universal Music Group, thrash metal band Megadeth and other defendants were hit with a copyright infringement lawsuit in New York Eastern District Federal Court. The lawsuit, brought by Kibler, Fowler & Cave and Kovel Law on behalf of Brent Elliott White, claims the defendants used the plaintiff’s artwork for the cover art of Megadeth’s 2022 album without the plaintiff’s permission. The case is White v. Megadeth Inc., 1:23-cv-00861. … Univision is being sued for copyright infringement in New York Southern District Federal Court. The suit, brought by the Sanders Law Group on behalf of photographer Chris Cuffaro, accuses the defendant of posting the plaintiff’s photo of the rock band Nirvana on the website tudn.com without permission. The case is Cuffaro v. Univision Communications Inc., 1:23-cv-00873. … World Wrestling Entertainment has been hit with a complaint for inspection of books and records in Delaware Court of Chancery. The lawsuit, brought by Bernstein Litowitz Berger & Grossman on behalf of Dennis Palkon, stems from a shareholder derivative lawsuit filed last week against the WWE and its former CEO Vince McMahon, who recently resigned over sexual assault allegations. The complaint was not publicly available. The case is Palkon v. World Wrestling Entertainment Inc., 2023-0087. … Amazon.com, Audible.com, Blackstone Audio and Urban Audio Books were slapped with a breach-of-contract and copyright infringement lawsuit in New York Eastern District Federal Court. The court case, brought by Dorsey & Whitney on behalf of Teri Woods Publishing, accuses Urban Audio of violating its license agreement with the plaintiff by failing to pay royalties and giving away works owned by the plaintiff for free to premium subscribers of the defendants’ audiobook streaming and digital download services. The case is Teri Woods Publishing LLC v. Amazon.Com Inc. et al., 1:23-cv-00507.
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Music Rates and Royalties 2023: Past, Present and Future
By Jeff Brabec and Todd Brabec
Part One of a Two Part Article
Analysis of the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.
Getty Images’ Suit Over AI Generator
By Isha Marathe
The magical world of AI-generated art has become more mainstream over the past few months. There has also been some backlash against the industry, including brewing class action lawsuits alleging copyright violations and resistance from online artist communities. But until recently, a substantial legal threat was yet to emerge against the technology that underpins artificial-intelligence art.
Handling IP Ownership Issues In Remote Work
By Sarah Schaedler and Jennifer T. Criss
Even with legal assumptions that certain intellectual property rights in works created by employees are owned by the employer, these should not be relied upon exclusively. A well-drafted employee-agreement form is increasingly essential in light of the explosive growth of remote and flexible work arrangements.
By ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.